Appellate

  • October 19, 2020

    Idaho Supreme Court Revives Late Cancer Diagnosis Suit

    The Idaho Supreme Court on Monday revived a suit accusing a hospital of failing to timely diagnose a patient's cancer that caused death, saying the trial judge erred by determining that the plaintiff's two out-of-state medical experts were not familiar with the standard of care in Idaho.

  • October 19, 2020

    Justices Urged To Make Germany Face $250M Nazi Art Fight

    An advocacy group representing U.S. Orthodox Jews is urging the U.S. Supreme Court to force Germany to face claims relating to $250 million worth of medieval art that was allegedly looted by the Nazis, saying an exception under sovereign immunity law doesn't apply.

  • October 19, 2020

    High Court Urged To Block Robocall Barrage In Facebook Suit

    A man suing Facebook over allegedly unsolicited text messages is pushing the U.S. Supreme Court to declare that the Telephone Consumer Protection Act broadly encompasses any device that can automatically dial numbers, arguing that adopting a narrower reading would "unleash the torrent of robocalls" that the law is intended to stop.

  • October 19, 2020

    High Court Won't Review Case Involving 1946 Lynching Docs

    The U.S. Supreme Court on Monday denied a petition to review a case regarding access to grand jury transcripts related to the lynching of four African Americans in Georgia in 1946.

  • October 19, 2020

    Chevron, Saudis Spar Over $18B Arbitral Award At 9th Circ.

    Chevron and Saudi families fought before the Ninth Circuit on Monday over reviving a lawsuit seeking to enforce a $17.9 billion arbitration award against Chevron over oil land leases, with the families arguing that the case was erroneously tossed for lack of jurisdiction, while Chevron said they never had a contract.

  • October 19, 2020

    NJ Panel Says 2 Judges Erred, Revives Med Mal Suit

    A New Jersey appeals court on Monday revived a suit accusing healthcare providers of causing a patient's injuries from an improperly placed medical device, saying two judges' decisions regarding the patient's purported discovery failures resulted in "draconian consequences."

  • October 19, 2020

    Fed. Circ. Affirms Google's IP Win On Balloon-Based Internet

    The Federal Circuit on Monday backed a California federal judge's decision that Google's Project Loon, which uses floating balloons in the stratosphere to provide wireless internet, does not infringe a patent owned by Space Data Corp.

  • October 19, 2020

    Investor To Ask 2nd Circ. To Revive Benchmark-Rigging Suit

    An investor has let a New York federal court know he plans to appeal to the Second Circuit an August ruling that squashed his suit against numerous major banks for allegedly plotting to fix interbank exchange rates, including one tied to the Japanese yen.

  • October 19, 2020

    11th Circ. Revives Hedge Fund CFO's Quest For Assets

    An Eleventh Circuit panel vacated and remanded a decision by a Georgia judge who the panel said had denied due process to the chief financial officer of a wealth management company whose CEO defrauded investors out of more than $24 million.

  • October 19, 2020

    Justices Take 4th Amendment Case, Slam Vt. Privacy Ruling

    The U.S. Supreme Court agreed on Monday to consider if the Fourth Amendment's warrant mandate applies to police pursuits in misdemeanor cases, while three justices ripped Vermont's Supreme Court for approving a "meandering" search outside the home of someone suspected of illegally hunting deer.

  • October 19, 2020

    Trump Tells DC Circ. TikTok Ruling Undermines His Authority

    The Trump administration has told the D.C. Circuit that a trial judge's order temporarily blocking the government from banning new downloads of video-sharing app TikTok from U.S. app stores erroneously second-guessed President Donald Trump's "sensitive national security judgments" and his assessment that personal data of Americans was being collected by the Chinese government.

  • October 19, 2020

    Rivals, TM Experts Urge Justices To Hear Jack Daniel's Case

    Food giants, spirits rivals and intellectual property experts are all throwing their support behind Jack Daniel's at the U.S. Supreme Court, urging the justices to tackle a lawsuit over the balance between trademark law and the First Amendment.

  • October 19, 2020

    Justices Urged Not To Let Arbitrator Decide Venue Question

    Clauses allowing an arbitral body to decide whether it has jurisdiction over a dispute shouldn't be enough to strongarm the courts out of the picture, an arbitration scholar told the U.S. Supreme Court on Monday.

  • October 19, 2020

    Virgin Flight Attendants Defend $6M Atty Fees In 9th Circ.

    Virgin America Inc. flight attendants told the Ninth Circuit that their attorneys were properly awarded $6 million in fees and expenses after they won $77 million in a long-running dispute over California pay and rest breaks, saying their fees were already trimmed down.

  • October 19, 2020

    5th Circ. OKs Texas Mail-in Ballot Signature Checks

    A Fifth Circuit panel on Monday stayed a Texas federal judge's order calling for an overhaul of the state's voter signature verification process for mail-in ballots, ruling that the "well-intentioned but sweeping" order wrongly held the process imposes a severe burden on the right to vote.

  • October 19, 2020

    Dems Hoping For Second Blue Wave In Texas Appellate Races

    Two dozen intermediate appellate seats are on ballots across Texas this year, and incumbent judges in the state's biggest cities are facing a wave of challengers hoping to continue a trend that began in 2018 with a historic number of Democrats ousting Republican justices.

  • October 19, 2020

    Ga. Justices Affirm $6M Award In Suzuki Brake Defect Case

    A trial court properly halved a $12.5 million verdict against Suzuki Motor Corp. for what jurors found was a defectively designed brake, the Georgia Supreme Court held Monday, affirming a $6 million judgment for a motorcyclist injured in a crash.

  • October 19, 2020

    Preparing The Next Generation Of Female Trial Lawyers

    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • October 19, 2020

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    NJ Doc Loses Appeal In Sex Harassment Arbitration Fight

    A chiropractor cannot force a former employee's sexual harassment lawsuit into arbitration, a New Jersey appeals court ruled Monday, finding the worker did not willingly sign an arbitration agreement included in her hiring paperwork.

  • October 19, 2020

    Fla. Justices Decline Review Of Airbnb's County Tax Win

    Florida's Supreme Court declined Monday to review a lower court's ruling that Airbnb and other online vacation rental platforms weren't required to collect and remit county taxes on short-term rental bookings.

Expert Analysis

  • Petland Ruling Continues Scrutiny Of RICO Enterprise Claims

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    Michael Soyfer at Quinn Emanuel discusses how the Eleventh Circuit's recent decision in Cisneros v. Petland follows the appellate court trend of limiting what qualifies as an enterprise for Racketeer Influenced and Corrupt Organizations Act claims, despite the U.S. Supreme Court's efforts to limit constrictions on the definition.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • NY Tax Talk: Trump Tax Returns, Revenue Rebound, Reform

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    In the latest New York tax news update, Craig Reilly at Hodgson Russ discusses President Donald Trump's ongoing tax return disclosure battle, a rebound in the state's post-COVID-19 revenue decline, noteworthy tax appeals cases involving Disney and Mars, and recent guidance on corporate tax reform.

  • High Court Faces Preemption Dilemma In Drug Benefits Case

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    The recent U.S. Supreme Court oral argument in Rutledge v. Pharmaceutical Care Management Association highlighted important questions raised by the case concerning federal preemption of state laws on health plans and pharmaceutial benefits — but the court's past application of such preemption has been hard to reconcile, says Andrew Struve at Hooper Lundy.

  • Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

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    The Illinois Supreme Court's recent ruling in Berry v. City of Chicago, rejecting claims for medical monitoring by plaintiffs not suffering present physical injuries, reflects a growing trend and could influence other state courts to rule similarly, say John Ewald and Matthew Bush at King & Spalding.

  • A Justice Barrett Could Bring Clarity To Property Rights Law

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    While Judge Amy Coney Barrett’s recent Seventh Circuit decision in Protect Our Parks v. Chicago Park District reveals no particular vision on property rights, it suggests she would help clarify a famously muddled area of the law if confirmed to the U.S. Supreme Court, says Bryan Wenter at Miller Starr.

  • SEP Users Should Jettison Antitrust For Patent, Contract Law

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    Because the recent holdings in Federal Trade Commission v. Qualcomm and Continental Automotive Systems v. Avanci demonstrate antitrust's flaws in resolving disputes over licensing rates for standard-essential patents, users should employ contract and patent law for more flexibility in negotiations and litigation, say Erik Puknys and Michelle Rice at Finnegan.

  • 5th. Circ. Medicare Ruling Could Halt Pro-Provider Trend

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    The Fifth Circuit's recent decision in Sahara v. Azar likely forecloses the possibility of injunctive relief against recoupment for Medicare providers, ending the recent string of rulings in favor of providers seeking compensation for overpaid insurance claims, says Kent Hofmann at Locke Lord.

  • Case Law Likely Undercuts DOL's Microsoft Diversity Probe

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    The U.S. Department of Labor is unlikely to uncover liability in its recent investigation into Microsoft’s attempt to hire more Black managers and executives, because Title VII case law supports private employers' consideration of race among other factors to enhance diversity, says Conor Ahern at Sanford Heisler.

  • Anticipating Litigation's Big Role In The 2020 Elections

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    Varying state election laws and increased mail-in voting may leave this November's presidential race without a clear winner, with ongoing and prospective voting-related lawsuits potentially affecting the outcome, say attorneys at Squire Patton.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Predictions For High Court Review Of Arthrex

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    In light of the U.S. Supreme Court's grant of certiorari in Arthrex v. Smith & Nephew, which held that Patent Trial and Appeal Board judges are unconstitutionally appointed, William Milliken at Sterne Kessler offers insights and predictions for practitioners and litigants.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • Perspectives

    Barrett Should Be Questioned On Children's Access To Courts

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    At a time when children's lives are so threatened by avoidable climate change chaos, understanding U.S. Supreme Court nominee Amy Coney Barrett's views on what standing future generations have to seek declaratory relief in Article III courts should be an essential part of her confirmation hearings, says Julia Olson at Our Children's Trust.

  • Employer Arbitration Agreement Pointers From 2 Rulings

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    While two recent decisions from the New Jersey Supreme Court and Third Circuit address separate employment arbitration agreement enforceability issues, both reaffirm the strong federal policy favoring arbitration and offer some clarity on when a court versus an arbitrator determines whether an agreement exists, says Kirsten Grossman at Nukk-Freeman.

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